Eviction Notice

A landlord cannot evict a tenant without following the local
and state eviction law exactly. Otherwise, the eviction case will be thrown out
of court, and the landlord will have to start the process again.

Starting the Process

The eviction process starts with a termination of tenancy. The
landlord sends an eviction letter or notice to the tenant giving the tenant at
least 30 to 90 days notice depending on local and state laws. Sometimes there are special notice requirements
for tenants who have resided at the premises for a long time, disabled tenants
or senior citizens.

The
landlord then files a legal action with the court. The tenant has an opportunity
to answer or a default judgment is entered. If the court rules in favor of the
landlord, the judgment will be entered. The
sheriff must post a notice on the tenant’s door advising the tenant of the
eviction. The tenant must vacate or the sheriff will remove the tenant’s
belongings and change the locks.

Reasons for Eviction

Non-payment of rent. The landlord can
serve a notice to quit and pay rent giving the tenant 3-5 days to pay or
move out.

Violation of rental agreement. Notice
must give tenant statutory amount of time to correct violation.

Illegal activity on the premises.

The landlord
cannot evict a tenant for illegal reasons such as discrimination or retaliation
against a tenant for reporting violations or requesting repairs be made. Some states
require landlords to pay relocation expenses, especially to seniors or disabled
tenants.

Eviction Legal Help

Eviction
laws are complicated, and you should seek the advice of an experienced eviction attorney specializing in landlord and tenant law, if
you are involved in an eviction process.